| To provide for the disclosure by money changers of exchange rates on exchange transactions and for the obtaining of consent thereto. (Amended 9 of 1989 s. 2) [1 April 1985] L.N. 57 of 1985 (Originally 9 of 1985) Cap 34 s 1 Short title This Ordinance may be cited as the Money Changers Ordinance. (Amended 9 of 1989 s. 3) Cap 34 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "board" (告示牌) means a device used for displaying the net rates of exchange required under this Ordinance and includes a video display screen; (Added 9 of 1989 s. 4) "buy" (买入) means, in relation to a Hong Kong dollar exchange transaction, to buy foreign currency from a customer and includes an offer to buy; (Added 9 of 1989 s. 4) "currency" (货币) includes a cheque and a traveller's cheque; "exchange transaction" (兑换交易) means a transaction between a money changer and another person relating to the exchange of different currencies; "hotel" (酒店) has the meaning assigned to it by section 2 of the Hotel Proprietors Ordinance (Cap 158); "money changer" (货币兑换商) means a person who carries on in Hong Kong the business of exchanging currencies, not being a business which- (a) is a service provided and operated by that person primarily for the convenience of guests of an hotel managed by him; (b) is carried on within the hotel premises; and (c) consists solely of transactions for the purchase by that person of other currencies in exchange for Hong Kong currency;"net rate of exchange" (净汇率) means when a money changer buys or sells Hong Kong dollars, the net price per unit of foreign currency, expressed in Hong Kong dollars, that the money changer is prepared to exchange for the foreign currency tendered or requested by the customer, after deducting all charges and commissions; (Added 9 of 1989 s. 4) "sell" (卖出) means, in relation to a Hong Kong dollar exchange transaction, to sell foreign currency to a customer and includes an offer to sell; (Added 9 of 1989 s. 4) "sign" (签署) includes to affix a chop or mark; (Added 9 of 1989 s. 4) "transaction note" (交易单据) means a note of an exchange transaction. (Added 9 of 1989 s. 4) (Enacted 1985) Cap 34 s 3 Application of Ordinance Remarks: Adaptation amendments retroactively made - see 65 of 2000 s. 3 (1) Nothing in this Ordinance shall apply to- (a) an authorized institution within the meaning of section 2 of the Banking Ordinance (Cap 155); or (Replaced 49 of 1995 s. 53) (b) (Repealed 49 of 1995 s. 53) (c) an exchange transaction where the amount of the currency tendered for exchange exceeds the sum of $100000 in Hong Kong currency or the equivalent of such sum.(2) The sum specified in subsection (1)(c) may be amended by the Chief Executive by notice in the Gazette. (Amended 65 of 2000 s. 3) (Enacted 1985) Cap 34 s 4 Money changer to provide transaction note (1) A money changer, before completing an exchange transaction by handing any currency to a customer in exchange for currency tendered by the customer, shall- (a) legibly make out in duplicate a transaction note in the form prescribed in Schedule 1, with such inclusions as are required or permitted by this section, by correctly completing the details of the exchange transaction by using Arabic numerals and an abbreviation commonly used by money changers to signify the type of currency; (b) sign the transaction note; (c) explain, in so far as is practicable, the transaction note to the customer and indicate each detail of the exchange transaction set out in the transaction note; and (d) request the customer to sign the front of the original transaction note in the place reserved for his signature and, unless a copy of the signature is recorded on the duplicate, to sign the front of the duplicate transaction note in the place reserved for his signature.(2) The details referred to in subsection (1)(a) are- (a) the date of the transaction; (b) the type of currency tendered by the customer; (c) the amount of currency tendered by the customer; (d) the net rate of exchange, which shall be stated without reference to any charge or commission; (e) the equivalent amount of the currency to be issued to the customer; and (f) where more than one currency is tendered by the customer, the total amount of the exchanged currency to be issued to the customer.(3) A money changer shall include in the form of transaction note used by him the money changer's name, address and telephone number both in English and Chinese and may include in the form- (a) a serial number for the note; (b) a transaction number; (c) provision for evidence of the customer's identification to be recorded and details of that evidence; and (d) statements to the effect of the form set out in Schedule 2.(4) A money changer shall not include in a transaction note any statement other than a statement authorized by this Ordinance. (5) If a money changer sells more than one type of currency to a customer, the money changer shall issue a separate transaction note for each currency sold. |
